International Carriage of Goods
Please answer either the problem question under section A or the essay question under section B.
Option A: Problem Question:
In relation to the claims by AAFT against 4F as set out below, evaluate, from the standpoint of English law, the liabilities of 4F to AAFT and the rights of redress for 4F against other parties.
Xis purchased from a Chilean charterer a large cargo of Açaí oil during the course of its carriage from Valparaiso, Chile to Rotterdam, Netherlands aboard a vessel chartered by the Chilean charterer and Xis sold on a small part of the cargo afloat to Abu-Abu Food Trading Corp ("AAFT") (a gourmet food producer) in Dubai. Xisreceived from the charterer an ocean bill of lading for the entire shipment, which had been issued in Valparaiso by the charterer on behalf of the Master of the vessel. Xis instructed Fred Framlingham Freight Forwarders ("4F") to arrange the on-carriage of the consignment to AAFT and to provide AAFT with appropriate carriage documentation confirming shipment to them of the goods from Valparaiso. 4F immediately issued in Runcorn, UK a FIATA multimodal transport bill ("the FIATA BOL") describing the goods, identifying the vessel and identifying "Xis" as the consignor, "Valparaiso" as the port of loading, "Rotterdam" as the port of discharge and "Dubai" as the place of delivery. The FIATA BOL stated that the goods were consigned to AAFT and required AAFT to apply to OK Freight ("OKF") - 4F's agents in Dubai - for delivery of the goods. Fred Framlingham signed the FIATA BOL in the box at the bottom right hand corner of the FIATA BOL in the following terms "Fred Framlingham trading as 4F as agent for the carrier" and then sent electronic copies of the FIATA BOL to each of AAFT and OKF by separate e-mail.
4F then arranged, through its Rotterdam agents, for the collection of the consignment from the sea carrier by a road carrier and for its carriage by road, pursuant to CMR note, to Paris and for its carriage by air from Paris to Dubai pursuant to an airway bill naming 4F as consignor and OK Freight ("OKF") as consignee. Now some 13 months after they received the cargo, AAFT have issued proceedings in England against 4F claiming that AAFT were obliged to recall food products produced by them, due to contamination by marine diesel oil originating from contamination of the Açaí oil during carriage from Valparaiso, Chile to Dubai for which, it is alleged, 4F is liable in contract, tort and bailment.
Option B: Essay Question
Evaluate the merits and demerits of the current international legal environment for the international carriage of goods and whether the legal environments for multi-modal international transportation pursuant to electronic documentation can be most effectively improved by inter-state or inter-merchant co-operation.